Successions

The Superior Court of Justice of Aragon (TSJ) has confirmed a decision of the Government of Aragon in a rather particular case where a person dies without known heirs and, years later, the Autonomous Community of Aragon is declared legal heir . From there, the Administration reviews which assets and rights could belong to the deceased, including a bank account that appeared in the name of the deceased and another person (co-owner).

According to the case, in that account there were two money transfers (one very high and one small) that the co-owner would have ordered in 2012. The Administration suspected that that money could be part of part of the inheritance of the deceased and asked for explanations. The co-owner replied that, although many years had passed and said he did not remember well, the money came from the sale of some "family" estates and that they both had an agreement to split it 50-50 , so he withdrew "his share". The appellant attacked the administrative action on several fronts. He said that the

body that resolved was not competent , that there were missing procedures (such as publishing the start in the official bulletin or requesting a legal report), that the action was time-barred and that the money was his. The High Court rejects all his arguments, considering that, in the case of (such as publishing the start in the official gazette or requesting a legal report), that the action was prescribed and that the money was his. The TSJ rejects all his arguments by understanding that, in the case of money linked to accounts banking matters, the General Directorate could resolve; that there was no defenselessness in reality due to the lack of some documents; that the legal report was already requested in the previous phase; and that there was no statute of limitations because Aragón could only act from the moment she was declared heir.

Regarding the substance, the court highlights that joint ownership of an account does not prove by itself that the money belongs to both parties , and considers that the plaintiff did not prove with specific data (properties, sales, amounts, dates) that part of the money belonged to him . Therefore, the High Court dismisses the appeal.

In disputes regarding donations and inheritances, our professionals can advise you on the defense of your claims and rights.